Fort Myers Resisting Arrest Defense Lawyer

Resisting Arrest Defense Attorney in Fort Myers, FL

A charge for resisting arrest can have serious penalties, and in Florida, the offense can be charged even if you were not violent. If you interfere with an officer’s lawful duties, you can be charged with this offense.

Unlawful arrests, unreasonable force, and the unsubstantiated opinions of law enforcement can make these cases especially frustrating. The support of Fort Myers resisting arrest defense lawyers is crucial to raising a sound defense and protecting your future.

Hire a Resisting Arrest Defense Lawyer at Atlas Defense Law in Fort Myers

Atlas Defense Law is a leader in criminal defense, and we fight for you when you face unfair or unreasonable criminal charges. With nearly two decades of legal experience and reliable skills from over 50 trial cases, our team gives you the support you need. These charges often happen because of the fear and uncertainty many people feel when interacting with law enforcement. It is essential that the right information is brought forward in these cases.

Our firm offers compassionate but fierce legal advocacy in the Lee County Sixth District Courts. When you contact us, Benjamin Abdulnour will answer your call and give you the direct legal guidance you need. He has successfully secured several acquittals in criminal cases, and he will fight for your future. He listens to your situation and gives you the support you deserve during this very stressful time.

Understanding Resist Arrest Offenses

In Florida, it is illegal to resist, obstruct, or oppose law enforcement. This offense can be charged as a misdemeanor, but becomes a felony if violence is used. Individuals do not have a justification to use force against a law enforcement officer, but officers may use reasonable force against citizens during the course of their duties. The two resisting arrest charges are:

1. Resisting arrest without violence. This occurs when you resist or obstruct an officer performing their lawful duties without resorting to violence. Any interference with an officer’s duties could be considered resisting their orders. Offenses could include failing to follow lawful commands, providing false or fake identifying information, or refusing to be handcuffed.
2. Resisting arrest with violence. This is the offense of knowingly or willfully obstructing or resisting an officer performing lawful duties through the use or threat of violence. This offense also applies to doing the same by using or threatening violence against a police canine or horse.

From fiscal year 2023 to 2024, there were 30 commitments to prisons for resisting arrest with violence, resulting in a year and one day prison sentences. From 2024 to 2025, there were 19 of these arrests.

Officers include law enforcement officers, correctional officers, probation correctional officers, parole supervisors, members of the Florida Commission on Offender Review, representatives of the Department of Law Enforcement, and others with similar legal authority.

If you are arrested by law enforcement and you believe it is unlawful, it is important to still comply with the arrest. Unfortunately, it is better to challenge the legality of the arrest afterwards, rather than be charged with resisting arrest. If you are being arrested and unreasonable force is being used against you, you have the right to defend yourself.

Penalties for Resisting Arrest

Resisting arrest without violence is a misdemeanor in the first degree. This can result in:

• Up to a year of imprisonment
• Up to $1,000 in fines

Resisting arrest with violence in a felony in the third degree, which carries resisting arrest penalties such as:

• Up to five years of imprisonment
• Up to $5,000 in fines

These offenses may also include probation in place of, or in addition to, imprisonment. Both a misdemeanor and a felony offense result in a criminal record if you are convicted, which can significantly affect the rest of your life.

What Does a Criminal Defense Lawyer Do for You?

Conviction of any criminal offense impacts your freedom, finances, and future opportunities. Avoiding conviction or limiting the consequences of penalties is essential. An attorney helps you secure the ideal outcome in a case. They investigate the case, talk with eyewitnesses, gather evidence, and listen to your side of things. This information is used to create a strong defense against the prosecution.

FAQs

Q: How Can You Beat a Resisting Arrest Charge?

A: You are most likely to beat a resisting arrest charge when you hire a resisting arrest defense lawyer. A skilled defense lawyer can assess the case against you, assess the legality of your arrest, and determine if any other rights were violated. They can then use this information to build a strong defense for you, fighting for your rights in a trial. If it is in your interests, your attorney may also negotiate a plea deal.

Q: What Is the Maximum Sentence for Resisting Arrest?

A: The maximum sentence for resisting arrest in Florida is up to five years of imprisonment and up to $5,000 in fines when violence is used, and up to a year of imprisonment and up to $1,000 in fines when violence is not used. Violently resisting or obstructing an arrest is a felony, while doing so nonviolently is a misdemeanor. There may be aggravating factors that increase the penalties for this offense.

Q: What Is the Statute of Resisting Arrest in Florida?

A: The statute in Florida covering resisting arrest is 843.01 and 843.02 for the criminal offense of resisting arrest. Florida statute 776.051 lists what is a reasonable use of force by law enforcement and the circumstances under which a person is not justified in using force to resist arrest. It’s important to understand these offenses in a criminal case.

Q: What Are Common Defenses Against Evading Arrest?

A: Some common defenses against evading, resisting, or obstructing arrest include unlawful arrest without legal justification, self-defense against excessive force used by law enforcement, or lack of intent to resist arrest.

You may also have a defense if the arresting officer failed to identify themselves as an officer, and you could not reasonably have known they were law enforcement. It is also a defense if you did not actually resist arrest, but law enforcement officers are claiming you did.

Fort Myers Resisting Arrest Defense Attorney

It can be terrifying to face charges for resisting arrest, but you don’t have to deal with this alone. Reach out to Atlas Defense Law in Fort Myers today.